Category Archives: Uncategorized

WIPIP session 3: Cultural Production

Posted on February 3, 2024 by rtushnet

Bita Amani: Forbidden Arts & Subjugated Knowledges: On the Polemics of Intellectual Property  IP rights are state-dependent, property-dependent models so make false promises of equality. History of art as propaganda: art can support war or speak truth to power. Iran … Continue reading →

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WIPIP session 2: ™ Doctrine, © Fair Use

Posted on February 2, 2024 by rtushnet

Barbara Lauriat, Borrowing Goodwill Comparative/historical approach to doctrine/theory. There used to be a big difference between having a TM and passing off. Bone/McKenna’s history of goodwill: didn’t reflect her understanding of the history: seen goodwill used as a property right … Continue reading →

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WIPIP Session 1: AI

Posted on February 2, 2024 by rtushnet

Nikola Datzov, Can AI Keep a (Trade) Secret? We’ve funneled IP protection for AI generated inventions/information to trade secrecy w/o patent or copyright for human authors/inventors. But it’s narrow protection b/c there are no choices. How can we trust AI … Continue reading →

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reliance can be presumed in NY from material misleadingness, as in California

Posted on February 1, 2024 by rtushnet

Polvay v. FCTI, Inc., — F.Supp.3d —-, 2024 WL 322050, No. 22-cv-4315 (JSR) (S.D.N.Y. Jan. 29, 2024) The court certified a class of New York consumers who were assessed multiple fees for making balance inquiries at one of defendant FCTI’s … Continue reading →

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no summary judgment on “non-toxic” and “Earth friendly”

Posted on January 30, 2024 by rtushnet

Bush v. Rust-Oleum Corp., 2024 WL 308263, No. 20-cv-03268-LB (N.D. Cal. Jan. 26, 2024) Bush alleged that Rust-Oleum falsely labeled of its “Krud Kutter” cleaning products as “non-toxic” and “Earth friendly.” Rust-Oleum sought summary judgment on the California consumer protection … Continue reading →

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New article: Three Sizes Fit Some: Why Content Regulation Needs Test Suites

Posted on January 25, 2024 by rtushnet

 At the Berkeley Tech LJ:  ABSTRACT The European Union’s Digital Services Act (DSA) offers a new model for regulating online services that allow users to post things. It uses size-based tiers to delineate the different levels of obligation imposed on various … Continue reading →

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Reading list: geolocation data increased incivility online

Posted on January 19, 2024 by rtushnet

Civilizing social media: The effect of geolocation on the incivility of news comments Yufan Guo, Yuhan Li, and Tian Yang, New Media & Society (2023) Abstract Many social media affordances can affect the quality of online discourse, but such an effect remains understudied for the … Continue reading →

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mistaken calls from nonpurchasers have little weight in real estate TM case

Posted on January 19, 2024 by rtushnet

Rampart Resources, Inc. v. Rampart/Wurth Holding, Inc., 2024 WL 195999, No. 23-6895 (E.D. La. Jan. 18, 2024) The court, grappling with the Fifth Circuit’s rather inconsistent law on misdirected communications, denies a preliminary injunction (subject easily guessable by party names). … Continue reading →

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Reading list: Trademarks in an Algorithmic World

Posted on January 18, 2024 by rtushnet

 “Consumers used to watch ads; now, ads watch them.” So says Christine Haight Farley in her intriguing new article. Christine Haight Farley, Trademarks in an Algorithmic World, 98 Wash. L. Rev. 1123 (2023).  Abstract:  According to the sole normative foundation … Continue reading →

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prospective injunctive relief for consumers hangs on in 9th Circuit for now

Posted on January 18, 2024 by rtushnet

Clark v. Eddie Bauer LLC, 2024 WL 177755, No. 21-35334 (9th Cir. Jan. 17, 2024) This unpublished opinion has a dissent from Judge Bea indicating further disruptions in standing may be coming. Clark appealed the dismissal of her putative class … Continue reading →

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